Other conditions decisions — 2000

The Board finds that the veteran's right subcortical stroke and left hemiparesis are compensable under 38 U.S.C.A. § 1151 as a result of VA treatment, specifically Procainamide therapy administered at the Jackson, Mississippi VAMC.

The Board denied the appellant's request for waiver of overpayment of improved death pension benefits because she did not submit a timely request within 180 days after notification of the overpayment.

The veteran is seeking an earlier effective date for a total schedular evaluation due to chronic brain syndrome. The case has been remanded as the veteran requested a personal hearing before a Member of the Board.

The Board has determined that the veteran's claim for service connection for chest pain due to shrapnel wounds is well grounded. The RO must obtain additional medical evidence and conduct a VA examination to determine if there are any retained metallic fragments in the thorax, as well as whether the veteran has a diagnosable disorder producing chest pain, likely related to his shell fragment wounds or shockwave exposure.

The Board has granted service connection for residuals of a fracture of the right 5th metacarpal and assigned an initial zero percent rating, effective March 9, 1998. However, the veteran's claim is not well-grounded as he did not request an increased rating but rather sought to establish service connection.

The Board denied the veteran's claim for an increased rating for his service-connected postoperative residuals of a partial meniscectomy, left knee, currently evaluated as 10 percent disabling.

The Board has denied the claim of service connection for arthritis affecting the hips, feet, ankles, and left knee. The appellant's current findings were not linked to his military service or the one-year period following service.

The veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code was denied as she did not meet the basic eligibility criteria. Her discharge was voluntary and not due to a service-connected disability, pre-existing medical condition, hardship, or physical/mental condition not characterized as a disability.

The Board has determined that the veteran's current temporomandibular joint disorder is related to his military service, specifically the surgical extraction of teeth numbers 1, 16 and 32 in December 1972. As a result, the claim for service connection is granted.

The Board has determined that the veteran's service-connected keratoconus does not warrant an evaluation in excess of 30 percent, and thus denied his claim for a higher rating.

The veteran's claim for an increased evaluation for his service-connected post-operative residuals of an excision of histiocytoma on the right hip is being remanded due to conflicting opinions and additional development needed.

The VA has denied the veteran's claim for an increased rating for his service-connected labyrinthitis, currently rated at 30 percent.

The veteran's claim for an increased rating for his right fourth and fifth metacarpals fracture was denied as there is no evidence of ankylosis or arthritis, and the current level of disability does not meet the criteria for a higher evaluation.

The Board denied the appellant's claim for VA death benefits, including dependency and indemnity compensation (DIC) and death pension benefits because she is not recognized as the veteran's surviving spouse.

The Board denied the veteran's attempt to reopen his claim of service connection for a foot fungus, finding that no new and material evidence had been submitted.

The veteran's right leg nerve weakness and muscle damage due to a cerebrovascular accident are currently rated at 20 percent and 10 percent, respectively. The case is remanded for clarification of issues on appeal.

The Board denied the veteran's claims for service connection for a left eye disorder and entitlement to specially adapted housing and special housing adaptation grant. The RO confirmed these denials.

The Board denied the veteran's claims for a higher disability rating and compensation under 38 U.S.C.A. § 1151, finding no evidence of a nexus between his current visual problems, bilateral hearing loss, and tinnitus and the January 1995 VA surgery.

The veteran's claim for an increased rating for his right hip disability is being remanded due to the need for additional examination and development of evidence.

The Board has remanded the case due to uncertainty regarding whether the veteran served in Vietnam, which is a requirement for spina bifida benefits under Chapter 18 of Title 38 U.S.C.A. The appellant's claim will be reconsidered after obtaining the necessary service personnel records.